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HomeMy WebLinkAboutContracts & Agreements_256-2023AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of professional environmental consulting services related to the updating the City's Climate Action Plan ("Agreement") is made and entered in this 19th day of December, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Dyett & Bhatia, Urban and Regional Planners, a California corporation ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE 1 — ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide professional environmental consulting services updating the City's Climate Action Plan services for City (the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 — SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with applicable federal, state, and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City designates Brian Desatnik, Development Services Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret, and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is attached hereto and incorporated herein by reference. 4.2 Consultant shall complete the Services by December 31, 2024, unless the Services are terminated earlier as provided for herein. 1 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ms 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO CONSULTANT 5.1 Compensation: Total compensation for Consultant's performance of the Services shall not exceed the amount of one hundred twenty-nine thousand eight hundred dollars ($129,800). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C," titled "Budget" which is attached hereto and incorporated herein by reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY: Brian Desatnik Development Services Director City of Redlands 35 Cajon Street, Suite 20 P.O. Box 3005 (mailing) Redlands, CA 92373 bdesatnik@cityofredlands.org Phone: (909) 798-7555 CONSULTANT: Rajeev Bhatia President Dyett & Bhatia, Urban and Regional Planners 4001 Howe Street Oakland, CA 94611 raj eev@dyettandbhatia.com Phone: (415) 956-4300 2 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ms ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from the workers' compensation laws of the State of California. Consultant shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made. D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City. E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. 6.2 Consultant shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees, and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property 3 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ms occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 4 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement PY22-0320.docx-ms 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City's immediate termination of this Agreement. 8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and 5 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ms litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF RE DYETT & BHATIA, URBAN AND REGIONAL PLANNERS By: By: Eddie Tejeda, Mayor ATTEST: Donaldson, City Clerk Rajeev'Bhatia, President 6 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ms EXHIBIT "A" SCOPE OF SERVICES Redlands Climate Action Plan Update SCOPE OF WORK This section outlines the proposed work program for the Redlands CAP Update. The CAP will be designed to meet the latest State requirements and guidelines. The program is organized into four tasks in two phases: The first phase is an evaluation of progress that sets up for the second phase, which would involve updates to the CAP. The sequence of work products, community meeting/survey, and Planning Commission and City Council meetings are also incorporated in the scope. Each task is followed by a table summary of deliverable formats and content. Initials in parentheses identify the lead firm for each sub -task: • D&B: Dyett & Bhatia, Urban and Regional Planners. D&B will lead the overall effort and community outreach. • F&P: Fehr and Peers, Transportation Planners. F&P will provide vehicle miles traveled, transportation emission factors, and other transportation -related model inputs for existing and future conditions. F&P worked with D&B on the City's General Plan and the CAP in a similar role. Phase I: Project Initiation, GHG Inventory Update, and Target Setting TASK I: PROJECT INITIATION A. Conduct a Kickoff Meeting with City Staff (D&B). D&B will conduct a kickoff meeting with City staff to discuss their ideas for the project and identify key issues and opportunities. Roles and responsibilities will be clarified, and communication protocols will be established. Agreement will be pursued on the scope of emissions activities to include in the CAP, key assumptions to be used in forecasts and targets, and parties responsible for providing needed emissions data. B. Review Background Information (D&B). D&B will review the current 2017 Climate Action Plan, the 2035 General Plan, San Bernardino Council of Governments' (SBCOG's) San Bernardino County Regional Greenhouse Gas Reduction Plan (2021), 2022 CARB Scoping Plan, and other related documents and recent planning efforts. D&B will work with City staff to identify and collect updated data (electricity and natural gas consumption, water use, wastewater generation, and solid waste generation) to quantify existing GHG emissions. 7 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ms C. Ongoing Project Management (D&B). D&B will conduct ongoing coordination with staff, as needed, in the form of emails and monthly check -in audio/video calls or meetings to discuss project status, key milestones, and any constraints or limitations encountered while completing the work. D&B will also prepare monthly progress reports to provide updates on project status and identify any potential risks to the scope or budget. Meeting Products Project Kickoff Meeting Monthly Progress Reports TASK 2: GHG INVENTORY UPDATE AND PROGRESS REPORT A. Prepare Baseline Community GHG Inventory (D&B). D&B will develop the 2022 (or the most recent year for which complete data is available) community inventory, consistent with the latest guidance from ICLEI — Local Governments for Sustainability (ICLEI) U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions (2019). A unified set of socioeconomic data (population, jobs by industry, and households by type) is required to support inventory development; D&B will work with City staff to collect the requisite information, including the technical inputs described below, and establish these baseline numbers. The community inventory will be compiled by emissions sector, using information from the City and other utility providers like Southern California Edison as well as regional agencies like the South Coast Air Quality Management District, the San Bernardino Council of Governments (SBCOG), and San Bernardino County Transportation Authority (SBCTA). Transportation sector emissions will be based on communitywide vehicle miles traveled (VMT) estimates provided by F&P (see Task 2B). B. Transportation Modeling (F&P). F&P will estimate and forecast VMT associated with residents, workers, students, visitors, etc. engaged in activities occurring within the City of Redlands using the San Bernardino Transportation Analysis Model (SBTAM) for current conditions, 2030 and 2045. The SBTAM+ (currently under development for the 2024 regional transportation plan) will be utilized if available when the project begins. Prior to preparing the VMT estimates, F&P will review and confirm land use and transportation system inputs to the "off -the -shelf" SBTAM for Redlands with D&B and City staff; this scope does not include land use modifications or new model runs. The VMT will be calculated using the "RTAC" origin/destination methodology that tracks all trips to/from Redlands and assigns 100% of II, 50% of IXXI, and 0% of XX trips to the City. The VMT data will be provided for both passenger vehicles and trucks and provided by speed bin to assist with conversion into GHG emissions (see sub -task C); F&P will prepare a memo including tables summarizing the VMT data and will provide a brief description on the methodology used to calculate the VMT. C. Develop Updated GHG Forecasts (D&B). Building on Tasks 2A and 2B, D&B will adjust the business -as -usual (BAU) forecasts of emissions by sector for 2030 and 2045 based on the anticipated citywide population and employment growth as projected from 8 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement PY22-0320.docx-ms the 2035 General Plan and transportation projections from F&P. The adjusted forecasts will also consider foreseeable regulatory changes at the federal, state, and local level, including SB X7-7 (water conservation), SB 100 (carbon -free electricity), Advanced Clean Cars Program, Renewables Portfolio Standard, and California Code of Regulations Title 24 CALGreen). D. Updated GHG Inventory and Reduction Progress Report (D&B). D&B will prepare a Progress Report that synthesizes background information from Task 1 B and the findings and recommendations from Tasks 2A through 2C. The report will provide an assessment of Redland's trajectory toward GHG reduction targets established in the 2017 CAP and identify need for additional GHG reduction. E. Present Report to Decision -Makers (D&B). D&B will present the Progress Report at one meeting of the City Council and review additional reductions likely needed to comply with the new State targets. Presentation to the Planning Commission could also be done by building in an additional meeting. Meetings Products Updated GHG Inventory GHG Reduction Progress Report Phase II: Climate Action Plan Strategy, Draft and Final Documents, and Environmental Review TASK 3: CLIMATE ACTION PLAN STRATEGY A "- Confirm GHG Reduction Targets (D&B). The current (2017) CAP establishes GHG emission reduction targets for 2030 (40 percent below 1990 levels per EO B-30-15) and for 2035 (linearly derived from 80 percent below 1990 levels by 2050 per EO S-3-05 for the General Plan horizon year). D&B will prepare and confirm with staff updated targets that align with the latest State requirements, including AB 1279 and EO B-55-18 to achieve carbon neutrality no later than 2045, which correspond to 85 percent below 1990 levels. Unlike the previous (2017) Scoping Plan, the 2022 Scoping Plan does not explicitly recommend efficiency metrics to demonstrate that local governments comply with these statewide targets. D&B will work with staff to develop GHG Reduction Targets that meet State requirements based on a review of latest State and regional guidance. B. Stakeholder Meetings (D&B). D&B will conduct up to two Zoom meetings with stakeholder groups to gather input and ideas from stakeholders and build a collaborative relationship for future CAP implementation. D&B will work with City staff to identify and reach out to stakeholders, such as staff from relevant City departments and other agencies, partner organizations and neighboring jurisdictions, and utility service providers. C. Community Sustainability and Resiliency Planning Workshops (D&B). D&B will conduct two workshops one in person and one on Zoom —covering the same materials, to provide community members attendance flexibility. The workshops will introduce the project, present findings from the GHG Inventory Progress Report (Task 9 I;\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ms 1D), provide an opportunity to hear the community's goals and priorities for sustainability and resiliency, and vet initial ideas for candidate strategies (to be developed in Task 3C). Activities may include interactive polls, gamification, and other visualizations to help explain technical concepts and explore potential actions with the public. Results of the workshops will be summarized in a memorandum. D. Develop Candidate Strategies (D&B). Once GHG reduction targets have been confirmed, D&B will conduct a gap analysis to determine the amount of local reductions that would be required to meet the targets. D&B will compile and evaluate candidate GHG mitigation measures, including those from the current 2017 CAP, and other existing City policies, recent environmental impact reports (EIRs) and CAPs from other cities, and best practices throughout California. It is assumed that the City would provide any relevant data, as available. to quantify reductions from existing City programs. The range of programs will address: • Energy efficiency and conservation • Increased use of alternative energies in transportation and buildings (such as building insulation and solar energy) • Waste prevention, reduction, and diversion • Education and motivation The updated CAP would reflect General Plan policies related to land use density and mix and strategies to enhance alternative transportation (pedestrian, bicycle, and transit) and identify any additional opportunities for improvement as feasible. In addition to programs that may result in GHG reduction from new development, strategies to reduce emissions from existing development will also be explored. The list of potential/ candidate programs will be submitted to City staff for approval prior to further evaluation. E. Evaluate GHG Reduction Measures (D&B). Using the screened list of potential programs provided by the City, D&B will work with City staff to evaluate each program against: • Degree of local jurisdictional control • Ease of implementation and enforcement, roughly estimated (low, moderate, high) • Private and City cost of implementation, roughly estimated (low, moderate, high) • Co -benefits of the measure, such as cost savings or air quality benefits It is assumed that about 15 to 20 measures would be evaluated in detail. As part of the co- benefits analysis, D&B will consider financial feasibility of GHG reduction measures such as by identifying federal, state, local, and other potential funding sources (e.g., eligible projects and programs, funding amounts, and schedules for application and award of funds) and implementation mechanisms linked to specific GHG reduction programs and projects to be included in the CAP. D&B will deliver a summary of methodology and a matrix with each potential measure and its reduction potential toward each established reduction target year. D&B will confirm that the sum of these reductions can reach the targets confirmed by the City in Task 3A. If 10 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement PY22-0320.docx-ms the sum does not reach the target, then D&B will select additional mitigation measures from the original program mix (Task 3D) or other sources to be evaluated by D&B for GHG reduction potential until the citywide target can be met. F. Online Community Survey on Climate Action Strategies (D&B). D&B will conduct an online survey using Survey Monkey to help develop and select GHG reduction strategies so that they maximize co -benefits and reflect community priorities. City staff will advertise the survey on social media, translate the survey in Spanish, and collate Spanish open-ended question responses; D&B will coordinate with City staff in these efforts. G. Outline Preferred Strategy (D&B). D&B and City staff will work together to select a suite of feasible mitigation measures and a related implementation program. • Determine Program Mix. D&B will prepare a matrix/brief memo recommending a set of mitigation measures, based on the program evaluations and final emissions reduction target. City staff will review the evaluations and recommendations and determine which measures to recommend for adoption. The program mix selected will need to be able to feasibly achieve the selected target(s). This program mix selection will occur at a single time without multiple iterations. • Set Implementation Strategy. City staff and D&B will work together to determine an implementation strategy for the City's selected mitigation program mix. Factors to consider will include required and optional measures, City actions vs. private actions, and measures that may only be triggered by certain conditions (project size, type, etc.). Selection of the preferred approach will be led by the City with D&B participating in up to two conference calls. The selected program mix will be combined with the preferred approach into a working Preferred Strategy document that will evolve into the Draft CAP. H. Planning Commission Study Session on Preferred CAP Strategy (D&B). Emission reductions targets and any needed strategies will be reviewed with the Planning Commission. A list of potential strategies for future and likely emission reduction ranges from them will be included. Meetings Products Stakeholder Meetings (up to 2) Community Workshops (2 — one in -person and one on Zoom) Planning Commission Study Session Online Community Survey and Summary Memo List of Candidate CAP Strategies Preferred CAP Strategy TASK 4: DRAFT AND FINAL CLIMATE ACTION PLAN AND ENVIRONMENTAL REVIEW A. Administrative Draft Climate Action Plan (D&B). D&B will prepare an Administrative Draft CAP, using the materials and strategies developed Tasks 2 and 3. The CAP will include: 11 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ms • Purpose and goals described in public -friendly terms, with an emphasis on articulating expected community benefits of implementing the CAP; • An overview of global climate change and GHGs, including State and federal policies and regulatory actions; • A summary of the City's GHG emissions inventory and reduction target(s); • A comprehensive, citywide strategy to manage and reduce future GHG emissions, including targets; • The roster of GHG emission reduction measures, each including estimated reduction impact and other evaluative factors; • An implementation and monitoring program, with clear thresholds and methods of compliance established; and • Recommendations for administration, timeline/phasing, and prioritization of next steps. B. Public Review Draft Climate Action Plan (D&B). Comments from the City on the Administrative Draft will be provided as one consolidated set. D&B will then produce a Public Review Draft. C. CEQA Negative Declaration (D&B). Climate Action Plans are subject to CEQA review. Because the CAP is likely to result in environmental benefits, a Negative Declaration should likely suffice, and is included in our scope. This review will be program level, and will not cover project -specific impacts, such as changes to infrastructure or site -specific improvements that may be undertaken subsequent to CAP adoption. D. Public Hearings (D&B). D&B will conduct public review and successfully take the Draft CAP and related environmental documentation through the public hearing process. Our scope assumes one meeting each with the Planning Commission and the City Council. We will closely coordinate with City staff prior to the hearings to ensure that our presentations respond to specific questions and issues likely to be encountered during the hearings. E. Adopted Climate Action Plan (D&B). Following public review by the City Council, documents will be revised to incorporate specific text and diagram changes made by the City Council at adoption, if any. Meetings Products Planning Commission Hearing City Council Hearing Draft and Adopted Climate Action Plan CEQA Negative Declaration MEETINGS SUMMARY Planning Commission/City Council 3 Stakeholder Meetings Up to 2 Community Workshops 2 12 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement PY22-0320.docx-ms EXHIBIT "B" PROJECT SCHEDULE The table below shows the anticipated sequence and timing of tasks, showing completion of updated inventory and Progress Report in three months from project initiation, and one year from start to updated CAP adoption. Task/Product Anticipated Time Frame Project Initiation and Kick -Off January 2024 GHG Inventory Progress Report January - March 2024 GHG Reduction Candidate Strategies March - April 2024 Community Workshop and Survey May 2024 Preferred CAP Strategy May - July 2024 Planning Commission Study Session July 2024 Admin Draft Climate Action Plan July - September 2024 Public Review Draft Climate Action Plan October 2024 CEQA Negative Declaration October 2024 Public Hearings and Adoption October -December 2024 13 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ms EXHIBIT "C" BUDGET The proposed budget is $129,800, broken down as follows. This budget covers all personnel and direct costs for Dyett & Bhatia and Fehr and Peers. Task Sub-Task/Product Budg et 1: Project Initiation Project Initiation, Kick -Off, and Background Information Review $1,500 Ongoing Project Management and Coordination $3,000 Task 1 Subtotal $4,500 2: GHG Inventory Update and Progress Report Transportation Modeling $15,000 Baseline Community GHG Inventory, Updated Business As Usual GHG Forecasts, and GHG Progress Report $22,000 Decision -Maker Meeting Preparation and Presentation $1,000 Task 2 Subtotal $38,000 3: Climate Action Plan Strategy GHG Reduction Targets, Candidate Strategies, and GHG Reduction Measures Evaluation $12,000 Stakeholder Meetings $1,500 Community Workshop (2; one- person, one Zoom) $3,500 Online Survey $7,000 Preferred CAP Strategy $6,000 Task 3 Subtotal $30,000 4: Draft and Final CAP and Environmental Review Draft CAP $35,000 CEQA Negative Declaration $8,000 Public Hearings and Final CAP $2,500 Task 4 Subtotal $45,500 TOTAL $118, 000 Additional Meetings and Printing Allowance $11,800 GRAND TOTAL $129,800 14 I:\crno\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ins EXHIBIT "D " WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. DYETT & BHATIA, URBAN AND REGIONAL PLANNERS By: �-047i s� Date: / 2/ S/2 oZ Rajeev Bhatia, President 15 I:\cmo\Agreements\Dyett & Bhatia, Urban and Regional Planners Agreement FY22-0320.docx-ms